NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 664

HOUSE BILL 1162

 

AN ACT TO AMEND CHAPTER 667 OF THE SESSION LAWS OF 1959 AS AMENDED BY CHAPTER 775 OF THE SESSION LAWS OF 1965 TO SUBJECT SALE OF UTILITY PROPERTY BY THE CITY OF STATESVILLE TO PRIOR APPROVAL OF THE VOTERS PURSUANT TO G.S. 160-2(6).

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subsection (a) of Section 4 of Article XXII of Chapter 667 of the Session Laws of 1959 is hereby amended by rewriting the subsection to read as follows:

"(a)      The governing body of the City of Statesville in the exercise of its discretion, is authorized and empowered to sell and convey at private sale to the Board of Education of Iredell County, the Statesville City School Board, bodies politic, and its successors and assigns, for a consideration to be agreed upon by the governing body of the City of Statesville and said bodies politic, any surplus real estate owned by the City of Statesville.

Sections 2 and 59 of Chapter 160 of the General Statutes of North Carolina, to the extent that they conflict with this Act, shall not apply to the City of Statesville, except as hereinafter provided in Section 5 of this Article."

Sec. 2.  Section 5 of Article XXII of Chapter 667 of the Session Laws of 1959 as amended by Section 1 of Chapter 775 of the Session Laws of 1965 is hereby amended by rewriting the section to read as follows:

"Sec. 5. Authority to Sell Power Lines, etc. The City Council of the City of Statesville shall have the power to sell, purchase or trade, at private or public sale, either at a negotiated price or upon sealed bids, any power lines and rights of way owned by the city or by others lying inside or outside the corporate limits of the City of Statesville, for cash or exchange for privately or publicly owned lines located within or without the corporate limits of the city.

Any cash proceeds or exchanged power lines shall be used by the city in its discretion in the operation of its electrical distribution system; provided, that the City Council of the City of Statesville shall have first determined by resolution that such power lines and rights of way are not needed to serve the residents of the City of Statesville and that it would be in the best interest of the city to so buy, sell or exchange said lines and rights of way and that the same will not adversely affect any bonded indebtedness of the city concerning the operation of said electrical distribution system.

Any sale of power lines or rights of way pursuant to this section shall be subject to approval by a majority of the qualified voters of the city in the same manner and to the same extent as if such sale was conducted pursuant to the provisions of G.S. 160-2(6)."

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of June, 1971.